Ethics watchdog sends study for possible sanctions in Assembly

By Jimmy Vielkind

Published 10:31 pm, Wednesday, February 13, 2013

ALBANY — The state ethics watchdog has forwarded a report of its findings to two legislative panels for possible sanctions after ending its probe of the Assembly's handling of sexual harassment allegations involving a senior member.

The announcement on Wednesday means the Joint Commission on Public Ethics has found a "substantial basis" that violations of state law have occurred. The report is private, but should eventually become public.

The JCOPE report goes to the Legislative Ethics Commission, a bipartisan panel charged with weighing violations of legislative law and issuing penalties, as well as the Assembly Ethics Committee "which has jurisdiction over Assembly rules and policies," according to a news release from JCOPE.

"Subject to limited exceptions, the LEC must make the report public within 45 days," the release said. "Given the nature of this matter, the Joint Commission urges the LEC to act expeditiously."

In September, JCOPE acknowledged it was probing Assembly officials' actions after sexual harassment allegations against Assemblyman Vito Lopez were substantiated by that chamber's Ethics Committee. By law, JCOPE cannot reveal details about who it is investigating, but commissioners said in September that media reports indicating they were not looking into Lopez's conduct, and how it was received by Assembly officials, including Speaker Sheldon Silver, were inaccurate.

JCOPE spokesman John Milgrim declined to comment beyond the announcement.

A person familiar with the report confirmed it is related to the Lopez matter, but could not provide details on its scope. In recent months, JCOPE staffers have interviewed members of the Assembly's Ethics Committee as well as aides to Silver.

Gerald Lefcourt, Lopez's lawyer, said he was told he was being sent a copy of the report via overnight mail. "I anticipate it's going to be the same stuff that's been in the press," he said.

The Assembly Ethics Committee — a bipartisan panel charged with policing the chamber's members and staff — issued a report on Aug. 24 substantiating allegations that Lopez had sexually harassed two female staffers, using sexually charged language in their presence and touching them inappropriately.

Acting on the Ethics Committee's recommendation, Silver stripped Lopez, D-Brooklyn, of his chairmanship of the Housing Committee, moved him to a smaller office and banned him from employing young women.

It was also revealed that Silver approved a $103,000 settlement with two other female Lopez aides before the harassment detailed by the Assembly Ethics Committee was revealed. The payment was denounced by Republicans but defended by Silver. Early versions of the agreement were reviewed by Comptroller Tom DiNapoli and Attorney General Eric Schneiderman, both Democrats.